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MISSOURI. 39
§ 7. The accounts for printing shall be audited and settled by the Auditor of
Public Accounts on the certificate of the Secretary of State, and paid as other
expenses of printing.
§ 8. The several clerks shall be allowed, the like compensation for copies
made under the provisions of this act, as for other copies of decisions for publication as now provided by law.
§ 9. The Secretary of State is hereby authorised to sell five hundred copies'
of the fourth volume of the decisions of the supreme court, at one dollar and a
half a volume.
This act shall take effect from its passags.
Approved, Feb. 13 1S39.
DOWER.
AN ACT supplementary to "an act concerning Dower," approved,March 20th, 1835.
Sec 1. In what cases the widow and children of an intestate may petition for assignment of
dower, and partition.
2. Proceedings on such petition.
3. Commissioners shall make report.
4. In case the lands are not susceptible of division, the petition shall be rejected.
Be it enacted by the General Assembly of the Steite of Missouri, as follows:
§ 1. When any resident of the State of Missouri, owning lands and real estate at no greater distance apart than one hundred and twenty miles, but situated, and lying in several counties, and such resident dies intestate, or has died
intestate,leaving a widow and children; that after the administration settlements
of such deceased's estate, if there be sufficient assets exclusive of real estate to
pay all the debts thereof, then the widow and children of such deceased may petition the circuit court of the county, wherein any of the real estate is situated
setting forth all the facts of the case and the proportional part of the estate
sthat each petitioner is entitled to receive, describing all the real estate of the
deceased, and in what counties situate, praying assignment of dower in the same
to the widow, and division and partition of the residue amongst the children or
heirs.
§ 2. The court may thereupon make an order, and appoint three competent
persons as commissioners, who, before they enter upon the discharge of their
duties,shall take an oath or affirmation honestly and impartially to execute the
trust reposed in them respectively. They shall then proceed to view, value and
appraise all the lands and real estate mentioned in the petition, and to ascertain
and set off the widow's dower therein, and to appportion and divide the residue
of said lands, according to quantity and quality among the children or heirs,
agreeable to their respective shares, giving to each, his or her equal part thereof
m valuation in one contiguous body, or as nearly so as may be, all things considered.
§ 3. The commissioners shall make a full report of their proceedings to the
court appointing them, at the next term thereof, and set forth and describe the
land assigned by them as dower of the widow, and also, the part apportioned
and assigned by them to each heir; which report, if approved by the court, shall
have the certificate of such approval endorsed thereon, certified under the seal
°f the court and signature of the clerk; and it shall be recorded in the recorder's
office of each county, wherein any of the lands and real estate are situated.
§ 4. If, in the opinion and judgment of the commissioners, the lands and
feal estate are not susceptible, of division, as provided in this act, without great
""jury thereto, then in that case, the commissioners may not make division and

Because of the age of the item, condition issues, and legibility, this volume was filmed in gray scale. The record suffers from foxing caused by age related deterioration of the paper. Blank pages were not digitized.

MISSOURI. 39
§ 7. The accounts for printing shall be audited and settled by the Auditor of
Public Accounts on the certificate of the Secretary of State, and paid as other
expenses of printing.
§ 8. The several clerks shall be allowed, the like compensation for copies
made under the provisions of this act, as for other copies of decisions for publication as now provided by law.
§ 9. The Secretary of State is hereby authorised to sell five hundred copies'
of the fourth volume of the decisions of the supreme court, at one dollar and a
half a volume.
This act shall take effect from its passags.
Approved, Feb. 13 1S39.
DOWER.
AN ACT supplementary to "an act concerning Dower," approved,March 20th, 1835.
Sec 1. In what cases the widow and children of an intestate may petition for assignment of
dower, and partition.
2. Proceedings on such petition.
3. Commissioners shall make report.
4. In case the lands are not susceptible of division, the petition shall be rejected.
Be it enacted by the General Assembly of the Steite of Missouri, as follows:
§ 1. When any resident of the State of Missouri, owning lands and real estate at no greater distance apart than one hundred and twenty miles, but situated, and lying in several counties, and such resident dies intestate, or has died
intestate,leaving a widow and children; that after the administration settlements
of such deceased's estate, if there be sufficient assets exclusive of real estate to
pay all the debts thereof, then the widow and children of such deceased may petition the circuit court of the county, wherein any of the real estate is situated
setting forth all the facts of the case and the proportional part of the estate
sthat each petitioner is entitled to receive, describing all the real estate of the
deceased, and in what counties situate, praying assignment of dower in the same
to the widow, and division and partition of the residue amongst the children or
heirs.
§ 2. The court may thereupon make an order, and appoint three competent
persons as commissioners, who, before they enter upon the discharge of their
duties,shall take an oath or affirmation honestly and impartially to execute the
trust reposed in them respectively. They shall then proceed to view, value and
appraise all the lands and real estate mentioned in the petition, and to ascertain
and set off the widow's dower therein, and to appportion and divide the residue
of said lands, according to quantity and quality among the children or heirs,
agreeable to their respective shares, giving to each, his or her equal part thereof
m valuation in one contiguous body, or as nearly so as may be, all things considered.
§ 3. The commissioners shall make a full report of their proceedings to the
court appointing them, at the next term thereof, and set forth and describe the
land assigned by them as dower of the widow, and also, the part apportioned
and assigned by them to each heir; which report, if approved by the court, shall
have the certificate of such approval endorsed thereon, certified under the seal
°f the court and signature of the clerk; and it shall be recorded in the recorder's
office of each county, wherein any of the lands and real estate are situated.
§ 4. If, in the opinion and judgment of the commissioners, the lands and
feal estate are not susceptible, of division, as provided in this act, without great
""jury thereto, then in that case, the commissioners may not make division and